The Toad Swallowed the Swan:Why Did Ming and Qing Empire Do Nothing About the Sexual Assault Case in Which Men Dressed as Women
- 社会性别史研究 
【中文摘要】明代的一位社会边缘人桑冲，在游历山西省、直隶省、山东省的10年(1467——1477)间，共性侵182位富家女。桑冲的犯罪口供，由一审法庭送到北京，经都察院(当时的最高法院)以皇帝名义处死,就一直存在北京刑部的档案室中。1487年，口供被内阁翻读并写进《宪宗实录》。此外，它还经人搌转传抄，流通于精英之中。退休官员陆粲（1494——1551)不仅阅读并抄录这份口供，而且还改编成一个短篇小说，收入《庚已编》中，并印行，使更多人的知道这个性侵案。笔者借由《实录》和《庚已编》两文本的分析，发现：明清时期 (1368—1911)存在不少教人如何性侵富家女的“学校”。这样的“学校”专门物色青春期的男子，传授他们烹饪、做女红的手艺，更教会他们扮女装、模仿女性说话。这些男子毕业后就穿着女装，并以女教师身份出入富人家中，接触富家女。这些犯罪团体因受害者及其家庭属社会、经济地位较高，不欲张扬其事，而未成为政府缉拿的罪犯。桑冲案虽是这类犯行唯一被政府破获者，可政府并未觉察这不仅仅是个案。在社会认知系统中，既不知有此秘密犯罪团体，也不知有专事性侵富家女的犯罪类型，遑论防范这类犯罪的措施了。从桑冲一案，笔者推敲出这种秘密性侵团体存在的社会条件。第一，这种犯罪团体的成员，多出身破碎家庭，而且在社会中没有成立家庭的条件。桑冲自幼父母双亡，经叔父（职业军人）养育一段时间，再卖给一位桑姓男人，作为养子。桑冲的童年和少年先后经这两个男子监护，应是在受虐中成长。第二，假扮女人的才艺学校之招生方式，由校长信赖的人巡回各地去物色面容、体态较倾向女性才质的青少年，引诱他们离家入读女子才艺学校。第三，这种女子才艺学校的校长是性侵界的达人。像教授桑冲的校长，有18年性侵富家女的经验，却不虞遭人举报。第四，这个神秘团体的活动方式，是单独作案，既没有纵向联系，也没有横向联系。第五,这批性侵团体专挑美貌富家女下手，应出于强烈地报复社会的心理。 【Abstract】 Sang Chong who was one of the marginalized groups in Ming society raped 182 wealthy girls when traveling to Shanxi、Zhili and Shandong in the decade from 1467 to 1477. The crime confessions of Sang Chong by the first-instance court to Beijing had been in the archives of the Board of Punishments in Beijing after Du Cha Yuan which was the supreme court executed him in the name of the emperor. In 1487, the oral confessions were translated by cabinet and written into the Records of Emperor. In addition, it had been copied so many times and circulated among the elite. Lu Can was a retired official who lived between 1494 and 1551. He not only read and copied the confessions, but also adapted it into a short story which was collected in the published book — Geng Si Bian.That made more people know the sexual abuse. Through the analysis of the two texts including the Records of Emperor and Geng Si Bian, the author found that there were lots of schools which taught people how to abuse wealthy girl during the Ming and Qing Dynasty ( 1368—1911). Such schools specially looked for adolescent man, and they taught them cooking and sewing. Not only that, the men had to learn about how to play the part of women's wear and speak women's words. After graduation from school, the men always moved among the wealthy as female teacherswearing women's clothes, and contacted with wealthy girls. These criminal groups weren’t the wanted criminals by government because the victims and their families had high social and economic status, and didn't want to let it known. Although the Sang Chong's case is the only one solved by the government in such cases，the government did not perceive this was not just a case. In the social cognitive system，people didn't know the secret criminal groups, and also did not know the type of crime about sexual assault of wealthy girls, let alone to take measures to prevent such cases. According to the case of Sang Chong, the author found that the social conditions in which the secret sexual assault groups exist. First of all, this kind of crime group members came from the broken families, and didn't have the conditions to set up a family. After losing his parents when he was a child, Sang Chong raised by his uncle for a period of time, and then he was sold to a man surnamed Sang as his adopted son. The childhood and youth of Sang Chong were in the two men's custody, and he had been ill-treated in the process of growth. Second, that was the method of student recruitment by the talent school pretending to be a woman. The people trusted by the headmaster went to various places to look for the teenagers who had the feminine qualities in face and body and lured them to leave family and go to the women's talent schools. Third, the headmasters of the school were the habitual criminals of sexual assault. The headmaster who had taught Sang Chong had the long experience in sexual assault for 18 years, but he had never been reported. Fourth, the way ofthis mysterious group acted alone, and there was no linkon the vertical and horizontal. Fifth, these sexual assault groups specially selected the beautiful and wealthy girls as objectsof sexual assault, and started thinking of the revenge on society.